Bill Text: NY A00662 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to adding certain notice requirements for enforcing liens on goods in self-storage facilities; extends the demand for payment period to 60 days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-10 - amended on third reading (t) 662a [A00662 Detail]

Download: New_York-2021-A00662-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         662--A
                                                                 Cal. No. 41

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary -- ordered to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading

        AN  ACT  to  amend  the  lien  law, in relation to adding certain notice
          requirements for enforcing liens on goods in self-storage facilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (i)  of  paragraph (a) and paragraph (c) of
     2  subdivision 2 of section 182 of the lien law, as amended by chapter  424
     3  of the laws of 2019, are amended to read as follows:
     4    (i) name and address of owner and occupant and electronic mail address
     5  of  owner  and  occupant  should the occupant choose to be contacted via
     6  electronic mail and the telephone number  of  the  occupant  should  the
     7  occupant choose to be contacted via telephone;
     8    (c)  Every  occupancy  agreement  as  required  by  this section shall
     9  contain the following conspicuous  notices:  (i)  "Notice:  The  monthly
    10  occupancy  charge  and  other  charges  stated in this agreement are the
    11  actual charges you must  pay";  (ii)  "Notice:  You  may  choose  to  be
    12  contacted  for  legal matters related to late or lien notices, via elec-
    13  tronic mail or via telephone by providing your electronic mail  address,
    14  and/or  telephone  number in at least two locations within the occupancy
    15  agreement"; (iii) "Notice: If  you  choose  to  provide  your  telephone
    16  number, the owner must attempt to contact you by telephone to notify you
    17  of the mailing of any legal matters related to late or lien notices".
    18    § 2. Paragraph (a) of subdivision 7 of section 182 of the lien law, as
    19  amended  by  chapter  424  of  the  laws  of 2019, is amended to read as
    20  follows:
    21    (a) An owner's lien may be enforced by public or private sale  of  the
    22  occupant's  goods that remain in the self-storage facility, in block, or
    23  in parcel, at any time or place and on any terms which are  commercially

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00805-03-2
        A. 662--A                           2

     1  reasonable after notice to all persons known to claim an interest in the
     2  goods. The notice shall include an itemized statement of the amount due,
     3  the  description  of the property subject to the lien, the nature of the
     4  proposed  sale,  a  demand  for payment within a specified time not less
     5  than [thirty] sixty days from mailing of the notice  and  a  conspicuous
     6  statement  that unless the claimant pays within that time the goods will
     7  be advertised for sale and sold at public or private sale in  a  commer-
     8  cially  reasonable manner. The notice shall further include the time and
     9  place of any public or private sale and it shall state that  any  person
    10  claiming  an  interest  in  the  goods is entitled to bring a proceeding
    11  hereunder within ten days of the service of the notice  if  he  disputes
    12  the  validity  of  the  lien, or the amount claimed. The notice shall be
    13  personally delivered to the occupant, or sent by registered or certified
    14  mail to the occupant's last known address, or sent by verified mail  and
    15  electronic  mail  to  the occupant's last known address. Any notice made
    16  pursuant to this section and sent by verified mail shall be sent to  the
    17  last  known  address provided by the occupant, pursuant to the occupancy
    18  agreement, provided further, that if the occupancy agreement states that
    19  the occupant has chosen to be contacted via telephone as  set  forth  in
    20  subdivision  two  of  this  section,  such notice shall not be effective
    21  unless the owner makes reasonable attempts to contact the  occupant  via
    22  telephone  to  notify  the  occupant  of the mailing of such notice. Any
    23  notice made pursuant to this section and sent by electronic  mail  shall
    24  only  be effective if: (i) the occupancy agreement states that the occu-
    25  pant has consented to receive late or lien notices by  electronic  mail;
    26  and  (ii)  the  occupant  has  provided  the  occupant's electronic mail
    27  address in at least two locations within the occupancy agreement.
    28    § 3. This act shall take effect immediately.